1 | 1 | | 2025 |
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2 | 2 | | STATE OF WYOMING |
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3 | 3 | | 25LSO-07261 |
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4 | 4 | | SJ0005 |
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5 | 5 | | SENATE JOINT RESOLUTION NO. SJ0005 |
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6 | 6 | | Congressional term limits. |
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7 | 7 | | Sponsored by: Senator(s) Laursen, D, Driskill and Kolb |
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8 | 8 | | A JOINT RESOLUTION |
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9 | 9 | | for |
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10 | 10 | | 1 A JOINT RESOLUTION requesting Congress to call a convention |
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11 | 11 | | 2 of the several states for proposing an amendment to the United |
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12 | 12 | | 3 States Constitution as specified. |
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13 | 13 | | 4 |
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14 | 14 | | 5 WHEREAS, the framers of the United States Constitution |
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15 | 15 | | 6 empowered state legislatures to be guardians of liberty |
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16 | 16 | | 7 against future abuses of power by the federal government; and |
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17 | 17 | | 8 |
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18 | 18 | | 9 WHEREAS, this power provides the several states with the |
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19 | 19 | | 10 leverage needed to force Congress to act when it otherwise |
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20 | 20 | | 11 does not want to; and |
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21 | 21 | | 12 |
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22 | 22 | | 13 WHEREAS, the citizens of Wyoming and twenty-one (21) other |
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23 | 23 | | 14 states, having passed statutes or state constitutional 2025STATE OF WYOMING25LSO-07262 |
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24 | 24 | | SJ0005 |
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25 | 25 | | 1 amendments placing term limits on members of Congress, were |
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26 | 26 | | 2 overruled by the United States Supreme Court; and |
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27 | 27 | | 3 |
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28 | 28 | | 4 WHEREAS, the Wyoming Legislature hereby joins with other |
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29 | 29 | | 5 states in instructing Congress to draft an amendment for |
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30 | 30 | | 6 congressional term limits and send it to the states for |
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31 | 31 | | 7 ratification, failing which the states will act on their own; |
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32 | 32 | | 8 and |
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33 | 33 | | 9 |
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34 | 34 | | 10 WHEREAS, the Wyoming Legislature, a body of citizen |
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35 | 35 | | 11 legislators, desires to restore rotation in office for |
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36 | 36 | | 12 members serving in the United States Congress. |
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37 | 37 | | 13 |
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38 | 38 | | 14 |
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39 | 39 | | 15 |
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40 | 40 | | 16 |
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41 | 41 | | 17That the Wyoming State Legislature hereby |
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42 | 42 | | 18 applies to Congress, under the provisions of Article V of the |
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43 | 43 | | 19 United States Constitution, for the calling of a convention |
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44 | 44 | | 20 of the several states limited to proposing an amendment to |
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45 | 45 | | 21 the United States Constitution to set a limit on the number |
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46 | 46 | | 22 of terms a person may be elected as a member of the United 2025STATE OF WYOMING25LSO-07263 |
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47 | 47 | | SJ0005 |
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48 | 48 | | 1 States House of Representatives and as a member of the United |
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49 | 49 | | 2 States Senate, subject to section 2 of this joint resolution. |
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50 | 50 | | 3 |
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51 | 51 | | 4 |
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52 | 52 | | 5 |
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53 | 53 | | 6 (a) That the Wyoming State Legislature adopts the |
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54 | 54 | | 7 application made under section 1 of this joint resolution, |
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55 | 55 | | 8 expressly subject to the following reservations, |
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56 | 56 | | 9 understandings and declarations: |
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57 | 57 | | 10 |
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58 | 58 | | 11 (i) An application to the United States Congress |
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59 | 59 | | 12 to call a convention of the several states under Article V of |
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60 | 60 | | 13 the United States Constitution for the purpose of proposing |
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61 | 61 | | 14 amendments to the United States Constitution confers no power |
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62 | 62 | | 15 to Congress other than the power to call the convention. The |
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63 | 63 | | 16 power of Congress to exercise this ministerial duty consists |
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64 | 64 | | 17 solely of the authority to name a reasonable time and place |
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65 | 65 | | 18 for the initial meeting of a convention; |
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66 | 66 | | 19 |
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67 | 67 | | 20 (ii) Congress does not have the power or the |
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68 | 68 | | 21 authority to determine any rules for the governing of an |
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69 | 69 | | 22 amendment convention of the several states called under |
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70 | 70 | | 23 Article V of the United States Constitution. Congress does 2025STATE OF WYOMING25LSO-07264 |
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71 | 71 | | SJ0005 |
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72 | 72 | | 1 not have the power to set the number of delegates to be sent |
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73 | 73 | | 2 by any state to a convention, nor does Congress have the power |
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74 | 74 | | 3 to name delegates to a convention. The power to name delegates |
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75 | 75 | | 4 remains exclusively within the authority of the legislatures |
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76 | 76 | | 5 of the several states; |
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77 | 77 | | 6 |
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78 | 78 | | 7 (iii) By definition, a convention of the several |
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79 | 79 | | 8 states to propose amendments to the United States |
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80 | 80 | | 9 Constitution means that states shall vote on the basis of one |
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81 | 81 | | 10 (1) state, one (1) vote; |
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82 | 82 | | 11 |
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83 | 83 | | 12 (iv) A convention of the several states to propose |
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84 | 84 | | 13 amendments to the United States Constitution convened under |
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85 | 85 | | 14 this application shall be limited to consideration of the |
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86 | 86 | | 15 specific topic expressly specified in section 1 of this joint |
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87 | 87 | | 16 resolution and no other. This application is made with the |
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88 | 88 | | 17 express understanding that an amendment that in any way seeks |
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89 | 89 | | 18 to amend, modify or repeal any provision of the Bill of Rights |
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90 | 90 | | 19 shall not be authorized for consideration in any manner; |
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91 | 91 | | 20 |
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92 | 92 | | 21 (v) Under Article V of the United States |
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93 | 93 | | 22 Constitution, Congress may determine whether the proposed |
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94 | 94 | | 23 amendment shall be ratified by the legislatures of the several 2025STATE OF WYOMING25LSO-07265 |
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95 | 95 | | SJ0005 |
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96 | 96 | | 1 states or by special state ratification conventions. The |
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97 | 97 | | 2 Wyoming State Legislature recommends that Congress select |
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98 | 98 | | 3 ratification by the legislatures of the several states; |
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99 | 99 | | 4 |
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100 | 100 | | 5 (vi) The Wyoming State Legislature may provide |
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101 | 101 | | 6 further instructions to its delegates and may recall its |
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102 | 102 | | 7 delegates at any time for a breach of a duty or a violation |
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103 | 103 | | 8 of the instructions provided to the delegates, including but |
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104 | 104 | | 9 not limited to the instructions and requirements specified in |
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105 | 105 | | 10 W.S. 9-22-101 and 9-22-102. |
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106 | 106 | | 11 |
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107 | 107 | | 12 (b) That this application be considered as covering the |
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108 | 108 | | 13 same subject matter as the applications from other states to |
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109 | 109 | | 14 Congress to call a convention to set a limit on the number of |
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110 | 110 | | 15 terms that a person may be elected to the United States House |
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111 | 111 | | 16 of Representatives and the United States Senate, and that |
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112 | 112 | | 17 this application be aggregated with the applications of other |
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113 | 113 | | 18 states for the purposes of attaining the two-thirds (2/3) of |
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114 | 114 | | 19 states necessary to require Congress to call a limited |
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115 | 115 | | 20 convention for the purpose of setting term limits on the |
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116 | 116 | | 21 members of Congress, but that this application not be |
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117 | 117 | | 22 aggregated with any other application on any other subject. |
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118 | 118 | | 23 2025STATE OF WYOMING25LSO-07266 |
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119 | 119 | | SJ0005 |
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120 | 120 | | 1That this application constitutes a |
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121 | 121 | | 2 continuing application in accordance with Article V of the |
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122 | 122 | | 3 United States Constitution until the legislatures of at least |
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123 | 123 | | 4 two-thirds (2/3) of the several states have made applications |
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124 | 124 | | 5 on the same subject. |
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125 | 125 | | 6 |
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126 | 126 | | 7 That the Secretary of State of Wyoming |
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127 | 127 | | 8 transmit copies of this resolution to the President of the |
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128 | 128 | | 9 United States, to the President of the Senate and the Speaker |
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129 | 129 | | 10 of the House of Representatives of the United States Congress, |
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130 | 130 | | 11 the Wyoming Congressional Delegation and to the presiding |
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131 | 131 | | 12 officers of each of the legislative houses in the several |
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132 | 132 | | 13 states, requesting their cooperation. |
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133 | 133 | | 14 |
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134 | 134 | | (END) |
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